New Search
0 0 <br />EASEMENT AGREEMENT <br />RECITALS: <br />A. GIUSTINA LAND & TIMBER CO. LIMITED PARTNERSHIP (hereinafter <br />"Giustina") is the owner of the real property, described on Exhibit A attached hereto and <br />incorporated herein. <br />B. CITY OF EUGENE (hereinafter "Eugene"), owns or leases a <br />communications facility at the top of Mt. Hagan located in the NE1/4, Section 35, <br />Township 16 South, Range 3 East, Willamette Meridian, and desires access to this <br />facility over an existing road (hereinafter the "Road") located on Giustina's real property <br />and shown as a bold line on the map marked Exhibit B attached hereto and <br />incorporated herein. The Road is generally reached by traversing other real property <br />owned by Giustina on roads owned or controlled by the U.S. Forest Service <br />C. Eugene needs an easement for ingress and egress to its Mt. Hagan <br />communications facility over the Road and Giustina is willing to grant an easement on <br />the terms and conditions hereinafter set forth. <br />NOW THEREFORE, in consideration of the foregoing recitals which are hereby <br />made a part of this Easement Agreement (hereinafter "Agreement"), and of the mutual <br />agreements, provisions, and covenants contained herein, Giustina and Eugene agree <br />as follows: <br />AGREEMENT: <br />1. Grant. Subject to all matters of public record, Giustina hereby grants <br />Eugene for a term of 5 years commencing June 1, 2005, and expiring April 30, 2010, K'_ Comment: Theterm of this contract <br />nonexclusive right to use the Road for access to its communications facility at the top of has been modified so that it <br />synchronizes with the contract for the <br />Mt Hagan. Eugene's agents and independent contractors are authorized to use the radio tower and equipment space on <br />Road in connection with Eugene's exercise of the rights granted to it, subject to the Mt. Hagen. Webb <br />terms of this Agreement. <br />2. Fee. Eugene shall pay Giustina $250.00 coincidentally wit h_the__ex__e__c_u_t_i_on_ _ Comment: Mark Giustina has <br /> <br />of this Agreement, the receipt of which Giustina hereby acknowledges. graciously reduced this fee and _ <br />waives all other fees on this contract. <br />I talked to him the week of May 16. <br />3. Road Use. Daniel <br />3.1. Eugene shall cooperate in its use of the Road to minimize <br />interference with other users. <br />EASEMENT AGREEMENT - 1 <br />Revised 8/19/2005 <br />V~) (Y\ cp~ <br />